City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, May 10, 2016, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Dean Karsky Council Member Rick Kiley Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Kenny Anderson Jr. Council Member Christine M. Erickson Council Member Michelle Erpenbach Council Member Greg Jamison Mayor Mike T. Huether INVOCATION  Pastor Dwayne Williams, First Baptist Church in Huron PLEDGE OF ALLEGIANCE PROCLAMATIONS  Bike Month - May, 2016 RECOGNITION/AWARDS  C-SPAN video winners - Edison Middle School sixth graders: Clayton Stokka, Patrick Gaddis, Jayden Bartlett, Else Madsen, and Kate McCartney; and Patrick Henry Middle School seventh grader: Erin Bickett  Public Service Recognition Award to Dean Karsky, Northwest District City Council Member  Public Service Recognition Award to Greg Jamison, Southwest District City Council Member   Public Service Recognition Award to Kermit L. Staggers, At-Large District City Council Member  Public Service Recognition Award to Kenny Anderson Jr., Northeast District City Council Member CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, May 3, 2016, at 4 p.m.  Regular City Council Meeting of Tuesday, May 3, 2016, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the May 5, 2016, memo. 2. Report of Requests for Quotes for Fuel dated: April 28, 2016; #2 Dyed Diesel Fuel; 7,500 gallons; Stern Oil ($1.4474); Harms Oil ($1.4498); Cole's Petroleum ($1.4570); Howes Oil ($1.4690); CHS, Inc., Midwest Oil, Midway Service (Vollan), and Olson Oil, all no bid. Bid awarded to: Stern Oil. 3. Report of Requests for Quotes for Fuel dated: May 2, 2016; #2 Clear Diesel; 7,500 Gallons; CHS, Inc. ($1.787); Howes Oil ($1.744); Harms Oil ($1.7481); Midwest Oil, no bid. Bid awarded to: Howes Oil. 4. Report of Requests for Quotes for Fuel dated: May 3, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Howes Oil ($1.6710); Harms Oil ($1.6922); Stern Oil ($1.7011); Cole's Petroleum, CHS, Inc., Olson Oil, and Vollan Oil, all no bid. Bid awarded to: Howes Oil. 5. A communication was received from Erin Muckey requesting permission to consume, but not sell, wine and beer at The Old Courthouse Museum, 200 W. 6th St., on Saturday, July 2, 2016, for a wedding reception. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. PUBLIC INPUT Scott Ehrisman spoke about: public input; time restrictions for public meetings; and thanked the outgoing Council Members for their years of public service. Robert Kolbe spoke about: forward thinking community leaders; and governmental insight. David Zokaites spoke about: solving problems by understanding their origins; and tips for successful public speaking. Pam Fargen spoke about: changing the name of the street where she lives; and the impact it will have on her life. Rhonda Dangel spoke about: changing the name of her street where she lives; and the impact it would have on her life. Tim Stanga spoke about: speaking on behalf of elderly citizens; a homeless individual that is living out of a car in his neighborhood; and thanked the four outgoing City Council for their years of public service. Bruce Danielson spoke about: continuing communication with the City Council; and thanked the outgoing City Council members for their years of public service. UNFINISHED BUSINESS 6. Special One-Day Malt Beverage License for Make-A-Wish Foundation of South Dakota, to be operated at the 8th & Railroad Shopping Center parking Lot, 401 East 8th Street, for a fundraiser on May 14, 2016, and to authorize publication April 29, 2016. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to approve Item 6. Vote to approve: Roll Call: Yeses, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit  L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES Set a date of hearing and 2nd Reading for Tuesday, May 17, 2016, at 7 p.m., for Item 7: 7. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY CHANGING A STREET NAME. (East Arden Street) A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, May 17, 2016, at 7 p.m. for Item 7. Vote to set a date: Roll Call: Yeses, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, 7. Noes, Dean Karsky, 1. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 17, 2016, at 7 p.m., for Item 8: 8. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 111: RESTRICTIONS ON ISSUANCE OF MALT BEVERAGE RETAILER LICENSES. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, May 17, 2016, at 7 p.m. for Item 8. Vote to set a date: Roll Call: Yeses, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 9. A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT EASEMENT LOCATED IN TRACT 1, GARDEN VILLAGE II ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Resolution No. 42-16.  Vote to adopt: Roll Call: Yeses, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. RESOLUTION NO. 42-16 A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT EASEMENT LOCATED IN TRACT 1, GARDEN VILLAGE II ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the permanent drainage easement area across the above-described real property, as shown on attached Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the permanent drainage easement was established by plat and filed in Book W of Plats on page 91 in the office of the Register of Deeds for Lincoln County, SD, on August 13, 2003, and was reaffirmed by plat and filed in Book 10 of Plats on page 18 in the Register of Deeds for Lincoln County, SD, on February 11, 2016; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the permanent drainage easement area, as shown on attached Exhibit A, and affecting the real property described as Tract 1, Garden Village II Addition to the City of Sioux Falls, Lincoln County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 05/10/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 10. A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT UTILITY EASEMENT LOCATED IN LOT 18A, BLOCK 1 OF TUSCAN CLUB ESTATES ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 43-16. Vote to adopt: Roll Call: Yeses, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. RESOLUTION NO. 43-16 A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT UTILITY EASEMENT LOCATED IN LOT 18A, BLOCK 1 OF TUSCAN CLUB ESTATES ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the permanent utility easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; WHEREAS, the permanent drainage easement was established by plat and filed in Book 1 of Plats on page 183 in the office of the Register of Deeds for Lincoln County, SD, on October 31, 2007, and was reaffirmed by plat and filed in Book 10 of Plats on page 25 in the Register of Deeds for Lincoln County, SD, on February 24, 2016; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the permanent utility easement area, as shown on attached Exhibit A, and affecting the real property described as Lot 18A, Block 1 of Tuscan Club Estates Addition to the City of Sioux Falls, Lincoln County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 05/10/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS Set a hearing date for Tuesday, June 14, 2016, at 7 p.m. for Item 11: 11. A PROPOSED RESOLUTION VACATING A PORTION OF THE N. WHITNI AVE. RIGHT-OF-WAY. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to set a date of hearing for Tuesday, June 14, 2016, at 7 p.m. for Item 11. Vote to set a date: Roll Call: Yeses, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. NEW BUSINESS 12. Motion to provide advice and consent for the appointment of the Director of Community Development. A motion was made by Council Member Dean Karsky and seconded by Council Member Rick Kiley to approve Item 12. Vote to approve: Roll Call: Yeses, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. 13. MOTION TO RECONSIDER (FROM THE MAY 3, 2016, CITY COUNCIL MEETING): New 2016-17 Retail Malt Beverage License, including video lottery terminals, for Commonwealth Gaming & Holdings, Deuces Casino 3.5, 5115 East Arrowhead Parkway, with Conditional Use Permit (4148-2016) being approved on March 3, 2016. Pending final inspections per Fire, Health and Building Services. A motion was made by Council Member Rex Rolfing and seconded by Council Member Christine M. Erickson to reconsider Item 13. Vote to reconsider: Roll Call: Yeses, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. A motion was made by Council Member Rex Rolfing to postpone Item 13 to the City Council Meeting on Tuesday, May 17, 2016, at 7 p.m. Since there is no second, the motion is not before the meeting. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to defer Item 13 to the City Council Meeting on Tuesday, May 17, 2016, at 7:00 p.m. Vote to defer: Roll Call: Yeses, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. 14. MOTION TO RECONSIDER (FROM THE MAY 3, 2016, CITY COUNCIL MEETING): New 2016 Retail Wine License, including video lottery terminals, for Commonwealth Gaming & Holdings, Deuces Casino 3.5, 5115 East Arrowhead Parkway, with Conditional Use Permit (4148-2016) being approved on March 3, 2016. Pending final inspections per Fire, Health and Building Services.  A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to reconsider Item 14. Vote to reconsider: Roll Call: Yeses, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rex Rolfing to defer Item 14 o the City Council Meeting on Tuesday, May 17, 2016, at 7 p.m. Vote to defer: Roll Call: Yeses, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. ADJOURNMENT A motion was made by Council Member Dean Karsky and seconded by Council Member Greg Jamison to adjourn the meeting at 8:44 p.m. Mayor Mike Huether called for a voice vote. All members voted yes. Motion Passed. Tamara Jorgensen, MMC Assistant City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. 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